alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2018364EN.01001701.xml

| 8.10.2018 | EN | Official Journal of the European Union | C 364/17 |
| --- | --- | --- | --- |

8.10.2018

EN

Official Journal of the European Union

C 364/17

---

Action brought on 31 July 2018 — Lotte v EUIPO — Générale Biscuit-Glico France (PEPERO original)

(Case T-459/18)

(2018/C 364/17)

Language in which the application was lodged: French

Parties

Applicant: Lotte (Seoul, South Korea) (represented by: G. Ringeisen, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Générale Biscuit-Glico France (Clamart, France)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative mark PEPERO original in colours red, brown, yellow, white

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 11 May 2018 in Case R 913/2017-1

Form of order sought

The applicant claims that the Court should:

| — | declare the present action admissible; |
| --- | --- |

—

declare the present action admissible;

| — | annul the contested decision to the extent that it cancelled European Union trade mark No 7 413 651 of the company LOTTE and ordered it to reimburse the fees and costs of the company Générale Biscuit-Glico France; |
| --- | --- |

—

annul the contested decision to the extent that it cancelled European Union trade mark No 7 413 651 of the company LOTTE and ordered it to reimburse the fees and costs of the company Générale Biscuit-Glico France;

| — | order EUIPO and the company Générale Biscuit-Glico France to reimburse the company LOTTE the representation expenses in each of the proceedings; |
| --- | --- |

—

order EUIPO and the company Générale Biscuit-Glico France to reimburse the company LOTTE the representation expenses in each of the proceedings;

| — | order EUIPO and the company Générale Biscuit-Glico France to pay the costs. |
| --- | --- |

—

order EUIPO and the company Générale Biscuit-Glico France to pay the costs.

Pleas in law

| — | Infringement of Article 64 of Regulation (EU) No 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 64 of Regulation (EU) No 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 60(1)(a) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 8(5) thereof; |
| --- | --- |

—

Infringement of Article 60(1)(a) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 8(5) thereof;

| — | Infringement of Article 94 of Regulation (EU) No 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 94 of Regulation (EU) No 2017/1001 of the European Parliament and of the Council.

---
#### Fosdick, a Taxpayer, Appellant, *v.*City of Cincinnati et al., Appellees.

(No. 32112

Decided April 19, 1950.)

*Mr. Robert Fosdick, in propria persona.*

*Mr. Henry M. Bruestle,*city solicitor, and *Mr. William A. McClain,*for appellees.

The question involved being moot, this appeal is dismissed, *sua sponte,*on authority of *Miner*v. *Witt, City Clerk,*82 Ohio St., 237, 92 N. E., 21.

*Appeal dismissed.*

Weygandt, C. J., Matthias, Hart, Stewart,,. Turner and Taft, JJ., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED BALANCE SHEET AS OF OCTOBER 31, 1999 AND CONSOLIDATED
STATEMENT OF INCOME FOR THE SIX MONTHS ENDED OCTOBER 31, 1999 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          APR-30-2000
<PERIOD-START>                             MAY-01-1999
<PERIOD-END>                               OCT-31-1999
<CASH>                                           8,666
<SECURITIES>                                     4,713
<RECEIVABLES>                                   11,132
<ALLOWANCES>                                     2,175
<INVENTORY>                                          0
<CURRENT-ASSETS>                                23,044
<PP&E>                                           6,764
<DEPRECIATION>                                   5,524
<TOTAL-ASSETS>                                  26,539
<CURRENT-LIABILITIES>                            8,267
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        54,861
<OTHER-SE>                                    (36,935)
<TOTAL-LIABILITY-AND-EQUITY>                    26,539
<SALES>                                         17,924
<TOTAL-REVENUES>                                17,924
<CGS>                                            2,787
<TOTAL-COSTS>                                   14,072
<OTHER-EXPENSES>                                 (335)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  27
<INCOME-PRETAX>                                  4,099
<INCOME-TAX>                                       241
<INCOME-CONTINUING>                              3,858
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,858
<EPS-BASIC>                                       0.43
<EPS-DILUTED>                                     0.40


</TABLE>
# C_2019103EN.01004001.xml

| 18.3.2019 | EN | Official Journal of the European Union | C 103/40 |
| --- | --- | --- | --- |

18.3.2019

EN

Official Journal of the European Union

C 103/40

---

Judgment of the General Court of 30 January 2019 — Arezzo Indústria e Comércio v EUIPO (SCHUTZ)

(Case T-256/18) (1)

((EU trade mark - Application for EU word mark SCHUTZ - Absolute grounds for refusal - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)))

(2019/C 103/53)

Language of the case: Portuguese

Parties

Applicant: Arezzo Indústria e Comércio, SA (Belo Horizonte, Brazil) (represented by: A. Sebastião and J.M. Pimenta, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carillo, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 February 2018 (Case R 661/2017-4) relating to registration of the word sign SCHUTZ as an EU trade mark.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Arezzo Indústria e Comércio, SA to pay the costs. |
| --- | --- |

2.

Orders Arezzo Indústria e Comércio, SA to pay the costs.

---

(1)  OJ C 231, 2.7.2018.

---
**Exhibit 10.31**

 

**TWELFTH AMENDMENT TO**

**KAISER GROUP INTERNATIONAL, INC.**

**SECTION 401(k) PLAN**

 

**WHEREAS**, Section 10.2 of the Kaiser GroupInternational, Inc. Section 401(k) Plan (“Plan”) permits the Board of Directorsof Kaiser Group International, Inc., (“Company”), or any committee thereof, toamend the Plan; and

 

**WHEREAS,** the Board of Directors would liketo amend the Plan to reflect recent law regarding the cash out of smallbenefits;

 

**NOW, THEREFORE,** effective for distributions on orafter March 28, 2005, the Plan is amended as follows:

 

1.             Section8.8 is amended to add a paragraph at the end to read as follows:

 

“Notwithstanding the foregoing, for distributions on or after March 28,2005, in the event of a mandatory distribution greater than $1,000 in accordancewith this Section, if the Participant does not elect to have such distributionpaid directly to an eligible retirement plan specified by the Participant in adirect rollover or to receive the distribution directly, then the Company willpay the distribution in a direct rollover to an individual retirement plandesignated by the Company. For purposes of determining whether a mandatorydistribution is greater than $1,000, the portion of the Participant’sdistribution attributable to any rollover contributions is included,notwithstanding Section 12.5.”

 

Executed****this 12thday of December, 2005.

 
|   | **KAISER GROUP INTERNATIONAL, INC.** |
|--------|--------------------------------------|
|   |                                 |   |
|   |                                 |   |
|   |                                 | By: | /s/ Douglas  W. McMinn |   |
|   |                                 |   |   Title:  Chief Executive Officer |

 

----
#### David Lee RINGER, Plaintiff in Error, v. STATE of Oklahoma, Defendant in Error.

No. A-12890.

Court of Criminal Appeals of Oklahoma.

Nov. 16, 1960.

Carroll Samara, Oklahoma City, for plaintiff in error.

*230Mac Q. Williamson, Atty. Gen., James W. (Bill) Berry, County Atty., William Mounger, Ryland F. Keys, Asst. County Attys., Oklahoma City, for defendant in error.

NIX, Judge.

The defendant, David Lee Ringer, was charged by information filed in the district court of Oklahoma County with the offense of robbery with firearms, was tried, convicted, and sentenced to serve 17 years in the Oklahoma State Penitentiary.

On September 21, 1960, said case was set for oral argument. No argument was presented on behalf of petitioner and no briefs have been filed.

Where the defendant appeals from a judgment of conviction and no briefs are filed and no argument presented, this Court will examine the evidence and ascertain if it supports the verdict, and will make an examination of the information, instructions excepted to, and the judgment, and if no material error is apparent, the judgment will be affirmed. Dodge v. State, 78 Okl.Cr. 100, 144 P.2d 124; Hulsey v. State, 82 Okl.Cr. 332, 169 P.2d 771.

We have carefully reviewed the record and find that defendant was charged conjointly with Gerald Thomas Ringer and Paul Wm. Deibel in the robbing of the Capri Motel, the information reading in part:

> “ * * * did then and there wil-fully, unlawfully and feloniously make an assault at and upon one Buford O. Shook, with a certain dangerous and deadly weapon, to-wit: a .45 blue steel Army automatic, Serial No. 875723, then and there loaded with gunpowder and metal bullets, and then and there had and held in the hands of the said defendant, David Lee Ringer, and by means of said assault so made as aforesaid * * * did unlawfully, willfully, wrongfully, and feloniously take, steal and carry away from the person and immediate presence of the said Buford O. Shook, and in his possession $827.55, good and lawful money of the United States of America, the personal property of the Capri Motel, a corporation * * * *a*

The defendant, along with his brother Gerald Thomas Ringer (A — 12,915) and Paul Deibel were apprehended by the Midwest City Police Department some 35 minutes after the commission of the crime, and there was sufficient evidence to make a prima facie case against the defendant, and the circumstances are sufficient to sustain the verdict of guilt. There is no material error apparent in the record. Therefore, the judgment and sentence of the district court is accordingly affirmed.

POWELL, P. J., and BRETT, J., concur.
# C_2021289EN.01000401.xml

| 19.7.2021 | EN | Official Journal of the European Union | C 289/4 |
| --- | --- | --- | --- |

19.7.2021

EN

Official Journal of the European Union

C 289/4

---

Judgment of the Court (Seventh Chamber) of 3 June 2021 (request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio — Italy) — EB v Presidenza dei Consiglio dei Ministri, Ministero dell’Istruzione, dell’Università e della Ricerca — MIUR, Università degli Studi ‘Roma Tre’

(Case C-326/19) (1)

(Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 5 - Successive fixed-term employment contracts or relationships - Misuse - Preventive measures - Fixed-term employment contracts in the public sector - University researchers)

(2021/C 289/05)

Language of the case: Italian

Referring court

Tribunale amministrativo regionale per il Lazio

Parties to the main proceedings

Applicant: EB

Defendants: Presidenza dei Consiglio dei Ministri, Ministero dell’Istruzione, dell’Università e della Ricerca — MIUR, Università degli Studi ‘Roma Tre’

Intervening parties: Federazione Lavoratori della Conoscenza — CGIL (FLC-CGIL), Confederazione Generale Italiana del Lavoro (CGIL), Anief — Associazione Professionale e Sindacale, Confederazione Generale Sindacale, Cipur — Coordinamento Intersedi Professori Universitari di Ruolo

Operative part of the judgment

Clause 5 of the framework agreement on fixed-term work, concluded on 18 March 1999 which is annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as not precluding national legislation under which provision is made, in respect of the recruitment of university researchers, for the conclusion of a fixed-term contract for a period of three years, with a single possibility of extension, for a maximum period of two years, making the conclusion of such contracts subject, first, to the condition that resources are available ‘for planning for the purposes of carrying out research, teaching, non-curricular activities and student service activities’, and, second, that such contracts are extended on condition that there is a ‘positive appraisal of the teaching and research activities carried out’, without it being necessary for those rules to define objective and transparent criteria making it possible to verify that the conclusion and renewal of such contracts do indeed meet a genuine need, and that they are likely to achieve the objective pursued and are necessary for that purpose.

---

(1)  OJ C 288, 26.8.2019.

---
<TABLE> <S> <C>


        <S> <C>

<PAGE>

<ARTICLE>5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE REGISTRANT'S FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>1

<S>                                                      <C>
<PERIOD-TYPE>                            6-MOS
<FISCAL-YEAR-END>                                JUN-30-2000
<PERIOD-START>                                   JUL-01-1999
<PERIOD-END>                                     DEC-31-1999
<CASH>                                           121,322
<SECURITIES>                                     0
<RECEIVABLES>                                    290,120
<ALLOWANCES>                                     0
<INVENTORY>                                      84,286
<CURRENT-ASSETS>                                 514,048
<PP&E>                                           199,978
<DEPRECIATION>                                  (167,997)
<TOTAL-ASSETS>                                   4,549,591
<CURRENT-LIABILITIES>                            507,711
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      2,390,000
<COMMON>                                         1,891,117
<OTHER-SE>                                       4,020,872
<TOTAL-LIABILITY-AND-EQUITY>                     4,549,591
<SALES>                                          835,548
<TOTAL-REVENUES>                                 835,548
<CGS>                                            404,950
<TOTAL-COSTS>                                    404,950
<OTHER-EXPENSES>                                 406,033
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                               0
<INCOME-PRETAX>                                  24,565
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                              24,565
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                     24,565
<EPS-BASIC>                                    .00
<EPS-DILUTED>                                    .00




</TABLE>
Section 3.01 of the Restated Bylaws
of Gehl Company shall be revised to read as follows:

| | 3.01.       General
Powers and Number. All corporate powers shall be exercised by or                under
the authority of, and the business and affairs of the corporation shall be
               managed under the direction of its Board of Directors. The number of
directors                of the corporation shall be eight (8) divided into three (3)
classes: Class I                 three (3) directors; Class II  three (3)
directors; Class III                 two (2) directors.
| | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
**EXHIBIT32.1**

 

**CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

**(18 U.S.C. SECTION 1350)**

 

In connection with the accompanying Annual Report of Ibis Technology Corporation (the *“Company”*) on Form 10-K for the fiscal year ended December 31, 2004 (the *“Report”*), I, Martin J. Reid, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

 

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company

 
| Dated: March 30, 2005                  |
|----------------------------------------|
|                                   |
|                                   |
| /s/ ***Martin J. Reid***               |   |
| Martin J. Reid                         |
| President and Chief  Executive Officer |

 

1
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Gehl
Company's consolidated balance sheet at September 27, 1997 and consolidated
statements of income for the nine month period ended September 27, 1997 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                              JAN-1-1997
<PERIOD-END>                               SEP-27-1997
<CASH>                                            3204
<SECURITIES>                                         0
<RECEIVABLES>                                    69784
<ALLOWANCES>                                         0<F1>
<INVENTORY>                                      16877
<CURRENT-ASSETS>                                 95210
<PP&E>                                           62240
<DEPRECIATION>                                   37061
<TOTAL-ASSETS>                                  129926
<CURRENT-LIABILITIES>                            38950
<BONDS>                                          12016<F2>
<COMMON>                                           620
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                       74140
<TOTAL-LIABILITY-AND-EQUITY>                    129926
<SALES>                                         143407
<TOTAL-REVENUES>                                143407
<CGS>                                           100070
<TOTAL-COSTS>                                   100070
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                1339
<INCOME-PRETAX>                                  15417
<INCOME-TAX>                                      5550
<INCOME-CONTINUING>                               9867
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      9867
<EPS-PRIMARY>                                     1.59<F3>
<EPS-DILUTED>                                     1.52<F3>
<FN>
<F1>Company presents receivables on a net basis in compliance with Article 10
of Regulation S-X.
<F2>Includes all non-current portion of debt obligations
<F3>Restated to reflect the impact of Statement of Finanical Accounting
Standards No. 128, "Earnings per Share".  The EPS under the "EPS-Primary" tag
represents Basic Earnings per Share.
</FN>


</TABLE>
# C_2009180EN.01001802.xml

| 1.8.2009 | EN | Official Journal of the European Union | C 180/18 |
| --- | --- | --- | --- |

1.8.2009

EN

Official Journal of the European Union

C 180/18

---

Judgment of the Court (Fifth Chamber) of 11 June 2009 (Reference for a preliminary ruling from the College van Beroep voor het Bedrijfsleven — Netherlands) — H.J. Nijemeisland v Minister van Landbouw, Natuur en Voedselkwaliteit

(Case C-170/08) (1)

1

(Common agricultural policy - Beef and veal - Regulation (EC) No 795/2004 - Article 3a - Integrated administration and control system for certain Community aid schemes - Single payment - Determination of reference amount - Reductions and exclusions)

2009/C 180/30

Language of the case: Dutch

Referring court

Referring court

College van Beroep voor het Bedrijfsleven

Parties to the main proceedings

Parties to the main proceedings

Applicant: H.J. Nijemeisland

Applicant:

Defendant: Minister van Landbouw, Natuur en Voedselkwaliteit

Defendant:

Re:

Re:

Reference for a preliminary ruling College van Beroep voor het Bedrijfsleven — Interpretation of Article3a of Commission Regulation (EC) No 795/2004 of 21 April 2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (OJ 2004 L 141, p.1) and of Article 2 of Commission Regulation (EC) No 2419/2001 of 11 December 2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation (EEC) No 3508/92 — Integrated administration and control system for certain aid schemes — Single payment scheme — Fixing of the reference amount — Reductions and exclusions.

Operative part of the judgment

Operative part of the judgment

Article 3a of Commission Regulation (EC) No 795/2004 of 21 April 2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended by Commission Regulation (EC) No 1974/2004 of 29 October 2004, must be interpreted as meaning that reductions and exclusions based on Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal are not to be taken into account in the calculation provided for in Article 37(1) of Regulation No 1782/2003.

---

(1)  OJ C 197, 2.8.2008.

1

---